DIPANKAR DATTA,J. - (1.) The appellant was engaged on July 10, 1990 as a counsellor, Voluntary Action Bureau (hereafter VAB) by the State Social Welfare Advisory Board, Andaman and Nicobar Islands (hereafter the State Board), respondent no.2. Such engagement was in respect of a project on contract and for a fixed duration. After expiry of the initial duration, the appellant was engaged on year to year basis. At the material time, her engagement was to continue till March 31, 2002. Prior to expiry of the duration of her engagement, her service was terminated. She had the occasion to approach the writ Court by filing W.P. No.091 of 2002. By an order dated February 4, 2003, the writ petition was disposed of by Hon'ble P.C. Ghose, J. with a direction upon the respondents "to take necessary steps in this matter to allow the petitioner to continue as she was in service on a contract basis with immediate effect". It was further directed that the petitioner's claim for regularization "is also to be taken into account by the said respondents through the Administration with their respective authorities", preferably within eight weeks from the date of communication of such order.
(2.) It is not in dispute that in compliance with the said order, the appellant was reinstated in service. However, no final decision on her claim for regularization was taken. This resulted in a contempt application (CPAN 002 of 2004) being filed by her. The contempt application was considered by Hon'ble G.C. Gupta, J. on March 16, 2004. His Lordship upon consideration of the rival submissions disposed of the contempt application by an order of even date expressing that "the authorities should be more vigilant in carrying out the order dated 4th February, 2003 according to its letter and spirit" but at the same time it was observed "that there has been no deliberate violation of the order".
(3.) Thereafter, from time to time, fresh orders were issued by the State Board annually engaging the appellant for a fixed duration. The appellant filed a further contempt application (CPAN 015 of 2009), alleging that the order dated February 4, 2003 had not been complied with. Upon consideration of the affidavits that were filed by the parties, Hon'ble Indira Banerjee, J. disposed of the contempt application by an order dated February 1, 2010 observing that none of the respondents could be held "guilty of contempt having regard to the averments made in the affidavits filed in court".;